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Smithtown, NY Parking Rules: Loading Zones (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Base requirement
1 space under 40,000 sq ft
Additional spaces
1 per each further 40,000 sq ft
Governing article
Article IX, Parking and Loading
Minimum driveway width
10 ft single, 20 ft combined
Review body
Board of Site Plan Review

Summary

Every nonresidential building or lot in Smithtown must provide off-street truck-loading spaces sized to its floor area: one space up to 40,000 square feet, then one additional space for every further 40,000 square feet. The requirement sits in the same Article IX chapter as the Town's off-street parking schedule.

Every building or structure, lot or land used for nonresidential purposes shall be provided with off-street truck-loading spaces in accordance with the following schedule: Square Feet of Floor Area / Required Number of Spaces: Under 40,000 / 1 space; 40,000 or more / 1 additional space for every 40,000 square feet in addition to the first 40,000 square feet.

Full Breakdown

Section 322-63 of the Building Zone Ordinance, Article IX (Parking and Loading), requires every building, structure, lot, or land used for a nonresidential purpose to provide off-street truck-loading spaces under a fixed schedule tied to gross floor area: a use with under 40,000 square feet of floor area needs one loading space, and a use of 40,000 square feet or more needs one additional space for every further 40,000 square feet beyond the first 40,000. This schedule follows immediately after the Town's off-street parking-space schedule in the same article, and both are administered together during site plan review by the Board of Site Plan Review and building permit review by the Chief Building Inspector.

Loading spaces must be laid out so trucks are not required to back into or maneuver from a public street, consistent with the access-driveway standards in Section 322-64, which set a 10-foot minimum width for a single entrance or exit driveway and 20 feet for a combined entrance/exit serving loading and parking areas together. Larger nonresidential developments, such as shopping centers or warehouses, calculate their required loading spaces cumulatively as floor area grows, so an addition that pushes a property from 39,000 to 45,000 square feet triggers a second required space.

The schedule is a zoning site-plan requirement rather than a curbside loading-zone hours rule; Smithtown's code does not set separate hours restricting when off-street truck loading may occur on a general commercial site.

Violations & Fines

Failure to provide the required off-street loading spaces, or converting a required loading space to another use without site plan amendment, is a zoning violation prosecuted under Section 322-106: fines of $500 to $5,000 for a first offense, $2,000 to $10,000 for a second offense within five years, and a misdemeanor with fines up to $15,000 and up to six months imprisonment for a third offense, with each day of continuing violation a separate offense.

Frequently Asked Questions

How many loading spaces does a Smithtown warehouse need?
One space for the first 40,000 square feet of floor area, plus one additional space for every further 40,000 square feet, under Section 322-63. A 90,000-square-foot warehouse would need three spaces under this schedule.
Does Smithtown restrict loading hours at commercial buildings?
The general truck-loading schedule in Section 322-63 sets space counts, not hours. The code does not impose a Town-wide loading-hours limit on ordinary commercial sites; hour restrictions found elsewhere in the code apply only to specific special-exception uses, not general commercial loading.
Who enforces Smithtown's loading space requirement?
The Chief Building Inspector reviews compliance at building permit and certificate of occupancy stage, and the Board of Site Plan Review confirms the loading layout during site plan approval. A shortfall is a zoning violation under Section 322-106.

Sources & Official References

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